PATRICK MUKIRI KABUNDU
V.
RUTH WAKONYO KABUNDU & 4 OTHERS

RULING OF THE COURT

This is an application by way of Notice of Motion expressed as having been brought “under Rules 42, 43, 74, 80, 81 and 85 of the Court of Appeal Rules and all other enabling provisions of the law.” In this application, the applicant, Patrick Mukiri Kabundu, acting in person, sought the following orders:-

“1. THAT the Notice of Appeal filed herein on 25^th October, 2005 by the 1^st Respondent be struck out.

2. THAT the cost of the applicant be borne by the respondent in any event.”

This application is brought on the following grounds:-

“(a) THAT the Notice of Appeal dated 25^th October, 2005 is incurably defective in substance and form.

(b) THAT the 1^st Respondent herein has failed to take some essential requirements after filing the Notice of Appeal thus rendering the intended appeal incompetent .

In addition to the foregoing grounds, there is a supporting affidavit sworn by the applicant setting out in some detail the background to this matter.

When the application came up f…